Last updated: July 22, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
$3,822
to Tenant
Agree with the ruling?
Citation: Conn v Equity Builders Ltd, 2024 ONLTB 16654
File Number: LTB-T-029835-23-AM
Application Date
Mar 2023
Tenancy End Date
Jul 2023
Hearing Date
Oct 2023
Order Date
Mar 18, 2024
The Tenant's tenancy is terminated as of July 28, 2023. The Landlord is ordered to pay the Tenant $3,822.21 for rent abatement, out-of-pocket expenses, filing costs, and general damages. The Landlord Equity Builders Ltd. is also ordered to pay an administrative fine of $35,000 to the Landlord and Tenant Board.
The Tenant applied for an order determining that the Landlords: altered the locking system on a door giving entry to the rental unit or residential complex without giving the Tenant replacement keys, substantially interfered with the reasonable enjoyment of the rental unit or residential complex by the Tenant or by a member of their household, and harassed, obstructed, coerced, threatened or interfered with the Tenant.
The Landlord argued that their actions were motivated by concerns for the safety and well-being of the Tenants, and that an administrative fine was not warranted.
The Landlord claimed they were restricting access to the units due to safety concerns, but did not appeal the City of Sarnia's order allowing the Tenants to return or seek a court order to restrict access. Instead, the Landlord illegally locked out the Tenants and refused to allow them to retrieve their possessions.
The Landlord blatantly disregarded the Residential Tenancies Act and Board orders, engaging in 'self-help' by illegally locking out the Tenant and then refusing to allow the Tenant to retrieve his possessions. This demonstrates a contempt for the Board and the Act.
The Tenant, a 67-year-old man with COPD, was forced to live in a cold, damp shelter after being illegally locked out, which negatively impacted his health. He was not allowed to access the unit to retrieve his medications and oxygen tanks.
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Lawful Rent
$587
Application Fee
$53
Administrative Fine Payable to LTB
$35,000
Other Amount
$189
Replacement of personal care items and back brace
Ordered Amount
$3,822 (to Tenant)
Fine Payable By: Equity Builders Ltd
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